One Owner. Legal Agreement Between Partners?

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TheWolf

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7 August 2020
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I own a house in my name (I live in it). My partner (not de-facto yet or married) is paying 50% of the mortgage and now they want to have their name added to the Title. The Transfer Duty is almost $30K. I'd rather not pay this, again!

Is there any way we can have a lawyer write out an agreement between my partner and I that stipulates should we leave each other, etc, the property is split 50/50?
 

Rod

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27 May 2014
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In which State is the property?
 

Tim W

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28 April 2014
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Bit hard to tell with so little context.

On the one hand, I like were @Rod 's going - thinking about the property-and-assets regimes at state level that can apply to de facto couples.

On the other hand, if we're talking about an ongoing and stable relationship
(even if it's "mere" boyfriend and girlfriend - that is, short of being a de facto relationship)
then you may be in the realm of a thing called a Binding Financial Agreement.

On the other other, depending on facts and circumstances, it might even be better to be set up as a secured loan.
 

Atticus

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6 February 2019
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My partner (not de-facto yet or married) is paying 50% of the mortgage
Why are they paying 50% of your mortgage if they are not living there?
The Transfer Duty is almost $30K.
So that's' the cost to them for having their name included .... They, & you should be aware though that if the relationship does become a de facto as defined by the FLA for anything longer than 2 years (less if children come along) then who's name is or isn't on the title is pretty much irrelevant if it comes to a property division under family law.
Is there any way we can have a lawyer write out an agreement between my partner and I that stipulates should we leave each other, etc, the property is split 50/50?
Yes, a Binding Financial Agreement
 

Rod

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See a lawyer, you may not need to pay stamp duty in NSW.
 
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